The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-26

Minority Report of the Committee on EIec-
tions as to Frank Branaman.

Minority Report of the Committee EIec-
tions as to Frank Branaman.
The following are the conclusions of the Re-
publican minority of the Senate election COM
mittee;
1.-The undersigned minority of your committee
to whom was referred the papers and evidence
relating to the contested election case of Frank
BranaInan VS.. William N. Mcdonald for aseat as
Senator In your honorable body from the coun-
ties of Jackson and Lawrence, beg leave to sub
nit minority report, herewith. in said case:
''The undersigned minority members of the
committee on elections show to your honorable
body that they have carefully examined all the
testimony taken and produced in said case; that
the charges against William N. Mcdonald, the
contestee In said case. to the effect that he had
used or offered to use money cnrrupty to secure
his election Senator, is not sustained in any
particular; that no witness testified in the case
that Mcdonald had at any time or place given
money to anyone to be used to secure his
election; nor is there sentence of
testimony in all the record showing or tending
to show that any one was influenced by money
expended by Mcdonald or by any else with
his consent, or that any one voted for him or
worked for him directly indirectly who
ceived money from Mcdonald or his supporters.
The two Witnesses namely, Richard Madden
and John B. Able, who testified that Mcdonald
had given them $50 each before the election,
both testified that Mcdonald had never asked
them to work or vote for him, and they also tes
Llueu tudI Luey uHu WOEkeO anu VOt6u lOF DFdu-
aman. Another witness on behalf of Bran
aman, William Champion, testified that prior to
the election he asked Mcdonald to loan him five
or six dollars, and that Mcdonald did so. but
that nothing was said by Mcdonald or him at
any time about the election, or about votes for
Mcdonald; that he had voted and worked for
Branaman. The only other witness who testi-
fed as to having received money from Mcdonald
was William Mcclellan. who testified that. Nc
Donald had loaned him Sc; that he was needin @
q small of that Malone al
| loaned it to him. but that nothing was said at
| the time about his voting or working for Nc
| Donald; on the contrary he testified that no had
both worked and voted for Branaman.
! "Such, in substance. is the testimony upon
which the majority of the committee recon-
| of the majority of the committee does great in
! Justice to Mcdonald, as it is nowhere shown
| that Nc Donald. directly or indirectly, used any
money corruptly with the intent or purpose
/ of influencing any one to vote or work for him,
and the assumption upon the majority of the
committee that money loaned by Mcdonald to
persons in need, when there was no converse
| tion or understanding al the time, before or sub
! sequent to the loanug of such money, that II
! was for the purpose of influencing any one te
vote or work for Mcdonald, is unwarranted and
| without precedent in the annals of contested
election cases. To presume guilt IN crimlna
practice, or fraud in CIVIL is reversing all the
| we'll known and long-established rules of law
I
this case.
Notwithstanding such is the testiuony upoI
which the majority of the committee recommend
that Mcdonald be unseated, they. in the face 0
the 6l0 majority by which Mcdonald was elected
and without any proof whatever tending to re
duce McDonald's majority showing tina
Branaman was entitled to more votes than wer
counted for him, recommend that Branaman b
seated in McDonalds stead. Branaman, in hi
, notice of contest, seeks to contest the seat O
, Mcdonald as an eector and not as a defeate
candidate claiming the Office. In his notice h
does not claim or pretend to claim that he is or
titled to the seat; upon the contrary. he cor
{ coded before the committee. through his counse
: that when this contest originally CON
menced it was simply to inquire into the method
by which Mcdonald was elected, and not to 8,
cure the seat himself. The Only and sole groun
upon which the majority OF the committe
Z recommended that Branaman be seated ws
that prior to and on the day of the election
was publicly rumored in Jackson county tina